Policing and Crime Bill

I thank noble Lords who have participated in this short debate, which has persuaded me perhaps that shorter letters are better than long letters because they do not leave as much opportunity for ambiguity. As we set out in the letter dated 28 October and as we said in Committee, there are already significant statutory safeguards built into this clause. They will be inserted into the Customs and Excise Management Act 1979. It is a customs power. As far as travellers to the Republic are concerned, its use is necessary in connection with checks to enforce prohibitions and restrictions, for example, on drugs and weapons. To use the power with the intention of checking the immigration status of travellers would be unlawful. I hope that that answers the question asked by the noble Lord, Lord Lester. I can reassure the whole House yet again that this is not an attempt by the Government to introduce immigration controls by the back door through the CTA. It is simply a clarification of a customs power, which is limited by statute to customs matters. The noble Lord, Lord Cope, asked the most pertinent question when he asked what has happened to cause these powers to be brought forward. This clause is particularly required because of the change in the way that customs powers work. They are now intelligence-led, without necessarily having the same fixed customs points we had before. This power merely clarifies and provides an explicit power for the production of passports and other travel documents. In respect of the Isle of Man, I understand that consultation has taken place. There are no proposals to change customs arrangements with the Isle of Man. There are no customs checks and they do not apply there. Nothing has changed in that regard. The good news, which I think will reassure the Opposition and Liberal Democrat Front Benches, is that guidance will be published on the use of the powers by the UKBA and that the report of the chief inspector on this matter will be public. Normally all such reports are public, with confidential information withheld. I hear the siren call, and it is seductive, that this would be better in the Bill. I believe that it would not. Some of the dangers and suspicions of misuse by customs officers in the guise of immigration officers is more than a little unfair on the staff concerned. Police officers have different powers, which they know when to apply because they are trained and they have guidance. Having trained UKBA officers in this regard, it is our intention to ensure that they have guidance as well. With that reassurance, I hope that the noble Baroness will withdraw her amendment.